ArticleSilicon Valley Venture Capital Survey – Fourth Quarter 2017This report analyzes the terms of 190 venture financings closed in the fourth quarter of 2017 by companies headquartered in Silicon Valley. United StatesCorporate/Commercial LawFenwick
ArticlePutative Class Targets Purported Deficiencies In Employer Meal And Rest Break PoliciesFollowing the California Supreme Court’s Brinker ruling (April 2012 Employment Alert) that a California employer satisfies its meal/rest period obligations by "providing" rather than "ensuring" employees take rest and meal breaks, the trial court certified meal and rest break classes that focused on the language of the applicable employment policies.United StatesEmployment and HRFenwick
ArticleChipotle Sued In Class Action For FCRA ViolationsThe named plaintiff in the action alleged that Chipotle placed the FCRA disclosure in the employment application and surrounded it with distracting language. United StatesEmployment and HRFenwick
ArticleEmployees Must Be Paid For On-Call Time While Required To Stay On Work PremisesIn Mendiola v. CPS Security Solutions, Inc., a California court of appeal ruled that security guards must be paid for time spent on-call where they could not leave their work premises.United StatesEmployment and HRFenwick
ArticleEmployees Of Temporary Staffing Agencies May Be Forced To Arbitrate Claims Against Agency ClientsA California appellate court ruled, in Garcia v. Pexco, that a temporary worker could be made to arbitrate his California Labor Code claims against both the staffing agency that employed him...United StatesEmployment and HRFenwick
ArticleFact Investigation Conducted By Outside Counsel Privileged Despite No Legal Advice ProvidedEmployers should carefully consider how they handle investigations by outside counsel and non-attorneys in light of a California appellate court decision in City of Petaluma v. the Superior Court of Sonoma County.United StatesEmployment and HRFenwick
ArticleIllinois Supreme Court Holds Employer Liable For Invasion Of Employee’s Privacy By Outside InvestigatorIn Lawlor v. North American Corporation (lower court opinion reported at FEB hyperlink), the Illinois Supreme Court ruled that the employer was liable for the actions of its outside investigator who engaged in "pretexting" to obtain a former employee's personal cell phone records.United StatesEmployment and HRFenwick
ArticleNew York City Limits Credit ChecksNew York City joined a growing number of jurisdictions that limit the use of credit checks in employment.United StatesEmployment and HRFenwick
ArticleNew York State Paid Family Leave Law Enacted And Effective In 2018In addition to San Francisco, employers with New York operations should begin thinking about their parental leave policies in light of a new law providing up to twelve weeks of partially paid family leave.United StatesEmployment and HRFenwick
ArticleOffice Of General Counsel Of NLRB Issues Further Memorandum On Employer PoliciesThis is consistent with OGC and Board scrutiny of policies over the last several years, even in the absence of an unfair labor practice charge. United StatesEmployment and HRFenwick
ArticleProfessor Allowed To Prove That Her Release Of Claims Was Procured By FraudDiane Schmidt was a professor at California State University in Chico who sued the university for disability discrimination, harassment and retaliation.United StatesEmployment and HRFenwick
ArticleRevised I-9 FormOn March 8, 2013, United States Immigration and Citizenship Services released a revised I-9 form. United StatesEmployment and HRFenwick
ArticleUnemployment Rate Falls To Lowest Rate Since October 2008The unemployment rate dropped to 6.6% in January 2014, which is the lowest rate since October of 2008 and reflects a pattern of decreasing unemployment since the high of 10% in October of 2009.United StatesEmployment and HRFenwick
ArticleUpdate On California's Additional Tax Relating To Noncompliant Deferred ArrangementsOn October 4, 2013, California reduced the additional California state income taxes levied on deferred arrangements that violate Section 409A of the Internal Revenue CodeUnited StatesEmployment and HRFenwick
ArticleU.S. Supreme Court: Does SOX Protect Employees Of A Public Company’s Private Contractor?The United States Supreme Court agreed to review whether the Sarbanes-Oxley Act whistleblower protections apply to employees of a public company's contractor or subcontractor. United StatesEmployment and HRFenwick
ArticleWaiver Of Class Action Remedy Enforced Even Though Anticipated Costs Of Individual Arbitration Exceeded Maximum Potential RecoveryIn "American Express Company v. Italian Colors Restaurant", a non-employment case, the Supreme Court enforced a class action waiver in an American Express arbitration agreement.United StatesEmployment and HRFenwick
ArticleTechnology Assisted Review (TAR) / Predictive Coding — New DecisionThanks to Hon. (Ret.) Andrew J. Peck, now Senior Counsel at DLA Piper, I just learned of a hot-off-the-presses (yesterday) Technology Assisted Review decision by the Utah federal district court.United StatesLitigation, Mediation & ArbitrationFenwick
ArticleThat Was Us; The Jafar Case With Brian BuckleyThe "That Was Us!" series celebrates where we've been and what we've accomplished by creating a patchwork of voices from the people who helped us along the way.United StatesLitigation, Mediation & ArbitrationFenwick
ArticleTrends In Legal Terms In Venture Financings In Israel - Full Year 2016We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money during the year 2016. United StatesCorporate/Commercial LawFenwick
ArticleNEWS BITES - May 2012Adding to the confusion surrounding the controversial requirement of the National Labor Relations Board that employers post notices informing employees of their rights under the National Labor Relations Act (reported in our January 2012 FEB), the Court of Appeals for the District of Columbia issued an emergency injunction blocking enforcement of the rule. United StatesEmployment and HRFenwick